Dale J. Krohn - Page 3

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          petition with this Court.  Petitioner did not cooperate with                
          respondent in preparing for trial.                                          
               Before trial, petitioner asserted that he had a right not to           
          testify because to do so would have required him to waive his               
          Fifth Amendment privilege against self-incrimination.  Petitioner           
          did not identify or exchange any documents, identify witnesses,             
          or file a pretrial memorandum as required by the standing                   
          pretrial order.  Respondent complied with these requirements.               
                                       OPINION                                        
          A.   Burdens of Production and Proof                                        
               1.   Burden of Production                                              
                    a.   Section 6201(d)                                              
               If a taxpayer asserts a reasonable dispute with respect to             
          any item of income reported on a third-party information return             
          and the taxpayer has fully cooperated with the Secretary, the               
          Secretary has the burden of producing reasonable and probative              
          information concerning that deficiency in addition to the                   
          information return.  Sec. 6201(d).                                          
               Petitioner did not introduce any evidence to refute                    
          respondent’s evidence or show that respondent’s determination of            
          petitioner’s income is in error.  We conclude that respondent               
          does not have the burden of production under section 6201(d)                
          because petitioner did not assert a reasonable dispute with                 
          respect to any item of income reported on an information return             






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